Apr 30, 2021 | Articles/E-Alerts
In the case of Gibson v. State Farm Mut. Auto. Ins. Co., No. 20-1609 (3d Cir. Jan. 21, 2021), the Third Circuit of Pennsylvania reversed the lower court’s decision to mold the UIM limits of coverage finding that the Section 1734 of the PMVFRL requires only that the...
Feb 26, 2021 | Articles/E-Alerts
In Erie Insurance Exchange v. King, the Superior Court recently applied a household exclusion in the policy, despite the Supreme Court’s prior ruling in Gallagher v. GEICO that household exclusions should be eliminated or limited to their facts. In King, Erie...
Jan 22, 2021 | Articles/E-Alerts
In the recent case of Graham v. Check, No. WAP 2019 ( Pa. Dec. 22, 2020) a 5-2 majority of the Pennsylvania Supreme Court reinterpreted the when the sudden emergency “defense” can be applied in a pedestrian-vehicle accident. Prior to Graham, the sudden...
Nov 30, 2020 | Articles/E-Alerts
In a fact specific analysis, a Montgomery County Common Pleas Judge ruled in Erie Insurance Exchange v. Montesano, No. 2016-13318 (C.P. Montg. Co. Sept. 1, 2020 Rogers, J.), that Christiana Montesano, an adult daughter who lived periodically in various...
Nov 24, 2020 | Articles/E-Alerts
In Conti v. Erie Insurance Exchange, (Schuylkill County 09/25/20), Judge Russell upheld a “regular use” exclusion in the Erie policy. The plaintiff was operating a police vehicle during his employment as a police officer. He was responding to an accident scene when...